418
Scalia, J., dissenting
ing that Hendricks suffered from pedophilia, the jury had found, beyond a reasonable doubt, that Hendricks met the statutory standard for commitment. See id., at 355; In re Hendricks, 259 Kan. 246, 247, 912 P. 2d 129, 130 (1996). This standard (to repeat) was that he suffered from a "mental abnormality"—a disorder affecting his "emotional or volitional capacity which predisposes [him] to commit sexually violent offenses"—or a "personality disorder," either of which "makes [him] likely to engage in repeat acts of sexual violence." Kan. Stat. Ann. §§ 59-29a02(a), (b) (2000 Cum. Supp.). The trial court, after determining as a matter of state law that pedophilia was a "mental abnormality" within the meaning of the Act, ordered Hendricks committed. See 521 U. S., at 355-356. The Kansas Supreme Court held the jury finding to be constitutionally inadequate. "Absent . . . a finding [of mental illness]," it said, "the Act does not satisfy . . . constitutional standard[s]," 259 Kan., at 261, 912 P. 2d, at 138. (Mental illness, as it had been defined by Kansas law, required a showing that the detainee "[i]s suffering from a severe mental disorder"; "lacks capacity to make an informed decision concerning treatment"; and "is likely to cause harm to self or others." Kan. Stat. Ann. § 59- 2902(h) (1994).) We granted the State of Kansas's petition for certiorari.
The first words of our opinion dealing with the merits of the case were as follows: "Kansas argues that the Act's definition of 'mental abnormality' satisfies 'substantive' due process requirements. We agree." Hendricks, 521 U. S., at 356. And the reason it found substantive due process satisfied was clearly stated:
"The Kansas Act is plainly of a kind with these other civil commitment statutes [that we have approved]: It requires a finding of future dangerousness [viz., that the person committed is "likely to engage in repeat acts of sexual violence"], and then links that finding to the existence of a 'mental abnormality' or 'person-
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